Patna High Court
Shivam Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court grants interim/provisional anticipatory bail to the petitioner, subject to the stipulated bail bond, sureties, and compliance with the settlement payment schedule.
Summary
Shivam Kumar Rai applied for anticipatory bail in a criminal case (Gopalganj Mahila PS Case No. 17 of 2025) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Domestic Violence Act. Both parties submitted a joint affidavit indicating an amicable settlement, including a Rs. 15,00,000 payment by the husband to the wife covering alimony, maintenance, and stridhan, and an agreement to file a mutual consent divorce under the Hindu Marriage Act. The court, considering the settlement and the parties' willingness to withdraw all pending cases, granted the petitioner interim/provisional anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and the payment of the first settlement installment. Further conditions required the payment of the remaining installments and the return of the wife’s furniture before the bail could be confirmed. The court clarified that its observations were prima facie and would not affect the merits of the underlying criminal trial.
Issues considered
- Whether anticipatory bail should be granted in view of the pending criminal charges under the BNSS and DP Act.
- Whether the settlement agreement and mutual consent divorce affect the grant of bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351, 351(2), 482(2), 82(1), 85
- Domestic Violence Act — s. ¾
- Hindu Marriage Act, 1955 — s. 13B
Subjects
- anticipatory bail
- settlement agreement
- mutual consent divorce
- alimony
- maintenance
- domestic violence
- criminal procedure
- Bharatiya Nyaya Sanhita
- Hindu Marriage Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83301 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- MAHILA PS District- Gopalganj
======================================================
Shivam Kumar Rai Son of Shri Shailendra Kumar Rai Resident of Village -
Jalalpur, P.S. - Kuchaikote, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Simran Devi D/o Shri Girindra Rai, Wife of Shivam Kumar Rai
Resident of Village - Kararia, P.S. - Gopalganj, District - Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the State : Mr. Ramesh Chandra, APP
For the O.P. No. 2 : Mr. Shankar Kumar Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 06-07-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Gopalganj Mahila P.S. Case No. 17 of 2025 registered for the
offence under Sections 126(2), 115(2), 85, 82(1), 351(2), 351
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section ¾ of
the DP Act.
3. It is jointly submitted on behalf of the parties that
the dispute between them has been amicably settled and a
compromise has been arrived at.
4. A joint affidavit has been filed on behalf of the
parties, the relevant terms of which are as follows:
Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
2/4
3. That the terms and conditions of the settlement
mutually agreed upon by both parties are as
follows:
(1) Full and Final Settlement Amount: The First
Party (Husband) has agreed to pay a total sum
of Rs. 15,00,000/- (Rupees Fifteen Lakhs
only) to the Second Party (Wife) towards her
permanent alimony, maintenance (past,
present, and future), and stridhan.
(ii) Payment Schedule (Installments): The said
amount of Rs. 15,00,000/- shall be paid by the
First Party to the Second Party in the
following installments via Demand Draft /
Bank Transfer:
(a) 1st Installment: Rs. 5,00,000/- (Rupees
Five Lakhs only) to be paid at the time
of submission of bail bond in the present
proceeding.
(b) 2nd Installment: Rs. 5,00,000/- (Rupees
Five Lakhs only) to be paid at the time
of admission of the Mutual Divorce
Petition in the learned family court
below.
(c) 3rd/Final Installment: Rs. 5,00,000/-
(Rupees Five Lakhs only) to be paid at
the time of final argument/recording of
second motion statements in the Mutual
Divorce Petition.
4. That both parties have explicitly agreed to
withdraw all criminal and civil cases filed
against each other and their respective family
members.
5. That the Second Party (Wife) shall cooperate
and take active steps to quash/withdraw cases,
e.g., FIR / Maintenance pending before the
learned court below.
6. That the First Party (Husband) shall withdraw
cases e.g., Restitution of Conjugal Rights
pending before the learned court below.
7. That both the parties have agreed to dissolve
their marriage by filing a joint petition for
divorce by mutual consent under Section 13B
Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
3/4
of theHindu Marriage Act, 1955 before the
learned Family Court below within 45 days
from today.
8. That after the payment of the entire settlement
amount of Rs. 15 Lakhs, neither party shall
have any remaining claims (movable or
immovable property) against each other or
their respective family members in the future.
9. That both parties undertake to strictly abide by
the terms and conditions mentioned in this
affidavit. In case of any default by either party,
the aggrieved party shall have the right to
initiate appropriate legal proceedings.”
5. Considering the aforesaid facts and circumstances
of the case and the compromise arriaved at between the parties,
this Court is inclined to grant the petitioner interim/provisional
anticipatory bail.
6. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on Interim/Provisional Anticipatory
Bail on furnishing bail bonds of Rs.10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Court below where the case is
pending/successor Court in connection with Gopalganj Mahila
P.S. Case No. 17 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS and with further conditions
that:-
(I). At the time of furnishing bail bonds,
the petitioner shall deposit the first
installment of Rs. 5,00,000/- (Rupees
Patna High Court CR. MISC. No.83301 of 2025(7) dt.06-07-2026
4/4
Five Lakhs only) in the Court below,
which shall be released in favour of the
Opposite Party No. 2.
(ii). The remaining installments shall be
paid as per the settlement terms, and
upon payment of the third and final
installment, the interim/provisional
bail shall be confirmed by the Court
below.
(iii). The petitioner shall return the
furniture belonging to the Opposite
Party No. 2 through Movers and
Packers and the Opposite Party No. 2
shall submit the receipt before the
Court below.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.